What is the current state of the law on the right to search a closed container where local inventory policies prohibit the search?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 990 F.2d 1265 (9th Cir. 1993):
The Fourth Amendment allows the opening of closed containers where local inventory policy permits. See Florida v. Wells, 495 U.S. 1 (1990). However, there must be a local policy. Id. at 4. Although the district court made some findings of fact, the court made no findings on whether a local inventory search policy existed at the time of the search, and, if one existed, what that policy allowed.
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